In jurisprudence there are such concepts as public safety and public order. Failure to ensure general safety and disruption of social order negatively affects the rights of respectable and law-abiding citizens. Actions committed contrary to the interests of the population are always punishable by law. In our article we will take a detailed look at the form in which violations of public order can occur and what laws provide for liability for those responsible.
Law and order in society
In a rule-of-law state, respect for the rights of citizens is guaranteed by the Constitution of the Russian Federation - the fundamental law followed by all legal systems - civil legislation, administrative, criminal. The norms of each of these legal systems, in order to protect the interests of citizens, fight against violators of law and order, that is, those principles and rules adopted at the state level that are appropriate in the civilized world.
Legal order provides a system of social relations that arise between people, promotes the achievement of legality and suppresses violations of the law. This order excludes arbitrariness and disrespect for fellow citizens, and maintains the necessary comfort of social relations with the help of laws that are obligatory for all people.
The legislation of the Russian Federation does not provide the exact term of public order. We can say that in meaning it is similar to the rule of law, but it is governed not only by legal laws, but also by norms of generally accepted behavior, discipline, morality and ethics. This is an established system of relations between people, based on mutual respect and rules of community life, dictated by long-standing traditions and stages of development of the state. By not following the rules of such a system, a person may be held accountable.
Violations of public order always involve inconvenience to other citizens. Thus, their rights to rest, silence, work, and comfortable living are not respected. Examples of such behavior include screaming on the street at night, breaking windows in cafes, schools, shops, and vandalizing counters at markets and fairs.
Screams and damage to property in a separate residential area cannot be considered a violation of public order, since housing is not a public place within the meaning of the law. Such places will be considered streets, parks, catering establishments, hospitals, public gardens, public transport, adjacent areas of high-rise buildings, that is, places where people who are strangers to the offender are located. Territories that are used as individual property and access to which is closed to other persons are not public places - for example, a private garden of a household.
According to Russian legislation, a violator of public order can be prosecuted, first of all, under the criminal or administrative codes of the Russian Federation .
In addition, each region may have its own codes of administrative offenses or laws, according to which fines may be imposed on the violator for certain illegal actions directed against public rules.
Administrative liability for violation of public order
1. The main element of an administrative offense related to non-compliance with public order is petty hooliganism. In accordance with Art. 20.1 of the Code of Administrative Offenses of the Russian Federation, an offender can be prosecuted for:
- obscene language in a public place - for example, drunken friends swear loudly at a bus stop, in a park, in the courtyard of a house where other people are. Name-calling, insults, obscenity - all this constitutes an offense if such actions disturb the peace of citizens.
- pestering citizens in an offensive manner - shouting obscene content at passers-by, ridiculous requests and generally provocative behavior (giving a phone, having a heart-to-heart talk, etc.). Most often, such actions are committed by drunk citizens.
- disrespect for society by damaging property belonging to people or the state. For example, when in a cafe a disgruntled citizen begins to swear loudly and destroy everything around him - if his intention is aimed specifically at disturbing public peace and disrespect for society, and causing damage to property is an accompanying motive, liability for petty hooliganism will follow.
The above actions can be performed by the offender either all at once or separately. For liability, one of the alternative manifestations of violation of public order is sufficient.
As we wrote earlier, it is important to confirm that the actions were performed in a public place.
Personal hostility between close people cannot be the basis for administrative liability for petty hooliganism. For example, if a husband and wife quarreled and began calling each other names, their intent is not aimed at disturbing public order and causing inconvenience to other people. Despite the fact that other citizens may hear unpleasant swearing, the absence of such intent does not allow the spouses to be charged with hooliganism . At the same time, they can be prosecuted under other articles of the Code of Administrative Offenses of the Russian Federation - for example, for insult. In addition, citizens who tolerate loud neighbors have the right to file a civil claim for compensation for moral damage.
Punishment under Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation can be in the form of a fine of up to 1000 rubles or administrative arrest for up to 15 days, under Part 2 of Art. 20.1 of the Code of Administrative Offenses of the Russian Federation (if the violator’s actions are related to disobedience to a police officer) - a fine of up to 2,500 rubles or arrest for the same period.
Protocols on petty hooliganism are drawn up by police, and decisions on finding guilty and imposing punishment are made by district judges who consider the material in court.
2. Violation of the rules for holding a rally, meeting, procession, demonstration or picketing , Art. 20.2 Code of Administrative Offenses of the Russian Federation. We are talking about deliberate non-compliance with the requirements of the Federal Law of 2004. No. 54-FZ “On meetings, rallies, demonstrations, processions, pickets”, regulating the rules for holding a public peaceful event. Most often, Art. is violated. 4 of this law, which provides for a mandatory procedure for notifying authorities about upcoming meetings. In addition, the law prohibits demonstrators from carrying weapons, explosives, etc., or from holding an event if permission is denied.
A meeting implies the joint presence of citizens in a certain place to jointly discuss any issues, including political views, positions and intentions.
The rally is distinguished by the massive presence of citizens with the primary goal of publicly expressing political beliefs and conveying them to the public.
The demonstration is always carried out using posters, banners, etc.
A procession is a mass movement along a pre-approved route in order to attract the attention of citizens to pressing problems existing in a populated area.
Picketing is carried out using loudspeakers or other sound-amplifying technical devices.
As you can see, the listed forms of public events are united by a significant crowd of citizens, which can pose a potential danger to law-abiding citizens. The suppression of mass violations of public order always occurs under the control of the leadership of the Ministry of Internal Affairs, the prosecutor's office and other law enforcement agencies, with the involvement of a special purpose and rapid response squad.
Article 20.2 of the Code of Administrative Offenses of the Russian Federation contains several parts that are applied depending on the consequences: disruption of the functioning of government bodies, causing harm to health or damage to property, etc. The most dangerous are armed pickets near the territory of a nuclear installation or radiation source.
For such actions, as well as for repeated offenses under Art. 20.2 of the Code of Administrative Offenses of the Russian Federation, citizens may be given a fine of up to 300,000 rubles, compulsory work for up to 200 hours, and administrative arrest for up to 30 days. Officials can be fined up to 600,000 rubles, legal entities - up to one million rubles.
3. Another administrative offense that encroaches on public order is the organization of the simultaneous presence of a large number of people in public places, if thereby the order and sanitary standards were violated.
Such actions are administratively punishable in accordance with Art. 20.2.2 of the Code of Administrative Offenses of the Russian Federation, if as a result of a mass gathering of people purposefully gathered in one place ,
- the functioning of life support facilities (for example, a power station) was disrupted,
- obstruction to the movement of pedestrians has been created,
- Vehicle,
- access of citizens to their homes was closed,
- significant damage was caused to green spaces, etc.
Responsibility falls on both the organizer and the participant in such events.
It is important to distinguish between a mass gathering of people within the meaning of Art. 20.2.2 of the Code of Administrative Offenses of the Russian Federation from public events in the form of a demonstration, procession, picketing (under Article 20.2 of the Code of Administrative Offenses of the Russian Federation). Organizing a mass stay of people in one place implies the possibility of anyone who happens to be nearby joining such a crowd, and not just those individuals who adhere to a certain political point of view and on this basis united to express their opinion.
The maximum punishment under this article is provided for in the event of an offense being committed near dangerous objects, including overpasses, railways, oil and gas pipelines, as well as near courts, colonies, and the residence of the President of the Russian Federation. A person guilty of violating the norms of public order may be subject to a fine of up to 300,000 rubles, compulsory labor for up to 200 hours or administrative arrest for up to 20 days, for officials - a fine of up to 600,000 rubles, for legal entities - up to one million rubles.
4. Article 20.20 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for drinking alcoholic beverages, as well as using drugs in public places. Police officers draw up protocols under this article in relation to persons who drink vodka, wine, beer in parks, public gardens, stadiums, trams, trolleybuses, electric trains and other public places.
Read more about the punishment for drinking alcohol in public places.
In addition, the same norm of the Code of Administrative Offenses of the Russian Federation applies in cases where the consumption of alcohol or drugs occurs in places expressly prohibited by federal law. For example, Federal Law No. 171-FZ “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” dated November 22, 1995. There is a ban on the consumption of alcohol-containing products in the following places:
- in the yards;
- on children's playgrounds;
- within the boundaries of territories occupied by urban forests, ponds, lakes;
- in elevators of apartment buildings;
- educational organizations;
- at train stations, airports;
- in places intended for cultural and sports activities, etc.
In a public catering facility, the consumption of alcohol is permitted if a person purchased such products on the territory of this facility. For example, if you buy wine in a cafe, you can drink it in the same cafe.
Since drug trafficking is prohibited in Russia, drug use in any public place will be considered an offense in accordance with Art. 20.20. Code of Administrative Offenses of the Russian Federation.
According to this provision, a citizen who is caught directly in the process of using is held accountable. The guilty person may be sentenced to administrative arrest for up to 15 days. A foreign citizen faces deportation from Russia.
Let us note that not only those who drink alcohol and use drugs in public are subject to liability, but also those who refuse to undergo an examination for intoxication at the request of a police officer.
Example No. 1 . Ivanov K.A. My friends and I decided to drink alcoholic beer in the park near our house. Friends sat and left, Ivanov K.A. I stayed to finish what was left in the bottle. A police patrol consisting of three officers saw this and approached Ivanov, introduced themselves, asked to show documents and announced that a protocol would be drawn up under Art. 20.20 Code of Administrative Offenses of the Russian Federation, since he drinks alcohol in a public place, that is, in a park. Ivanov denied this fact and said that it was not he who drank beer, but his friends who left earlier and who owned the empty bottles, he did not know. In this case, the police had reason to believe that Ivanov was drinking alcohol, since he was seen doing just that and was obviously in a state of severe intoxication, but he refused to go for a medical examination. For refusing to undergo examination, he was charged under Part 2 of Art. 20.20 Code of Administrative Offenses of the Russian Federation.
From the example it follows that only if there are grounds to believe that a person drank alcohol in a public place, the policeman has the right to draw up a report on the fact of refusal to undergo examination. If Ivanov had not consumed alcohol in the park, and had appeared there already in a state of intoxication after drinking in an unknown place, it would have been impossible to prosecute him under this article.
5. Unlike the previous norm, Article 20.21 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for appearing in a public place while intoxicated. It doesn’t matter where, with whom, or when the citizen drank alcohol or used drugs. If he appears in a state of intoxication in a public place (the list of such is the same - parks, playgrounds, public gardens, museums, schools, public transport, etc.), he may be held accountable.
An important nuance is a sign of an insult to human dignity and public morality: not every tipsy person is subject to liability under this article, but only one whose appearance causes rejection . Of course, this is an evaluative category, but judicial practice has long been established and is successfully used when considering such cases.
Example No. 2 . Kovalev A.P. took part in a New Year's corporate party, he drank a little and returned home on foot with his wife late in the evening. Kovalev did not disturb public order and did not attract the attention of passers-by with his appearance. At the same corporate party, N.P. Petrov was present, who got pretty drunk and, returning home, staggered and fell, causing his outer clothing to be very dirty and torn. With his appearance Petrov N.P. insulted human dignity, as a result of which he was brought to administrative responsibility under Art. 20.21 Code of Administrative Offenses of the Russian Federation.
It should be noted that in the protocol, police officers are required to indicate specific signs that are regarded as offending public morals. Reflecting only signs of intoxication is unacceptable, since this is not enough to attract prosecution under this article.
Punishment for the guilty person can be either a fine of up to 1,500 rubles or administrative arrest for a period of 15 days.
The offense under consideration should be distinguished from that provided for in Art. 20.31 Code of Administrative Offenses of the Russian Federation – “violation of the rules of behavior of spectators during official sports competitions.” Thus, if a person is intoxicated at the venue of the competition, a special provision of Art. 20.31 of the Code of Administrative Offenses of the Russian Federation, which is applied in case of non-compliance with the established rules for holding sports competitions. For example, the difference between these administrative compositions was drawn to the attention of judges in the Certificate of Generalization of Judicial Practice in connection with the holding of the football championship in 2021.
According to Article 20.31 of the Code of Administrative Offenses of the Russian Federation, not only drunk fans are involved, but also those citizens who threw various objects towards players, referees, caused damage to a sports facility or broke sports equipment, etc., that is, violators of public order during the competition. The punishment can reach a fine of 20,000 rubles, and the culprit can also be arrested for up to 15 days. In addition, such a sports fan may be prohibited from visiting official competition sites for up to 7 years.
Administrative responsibility according to the laws of the constituent entities of the Russian Federation
In addition to the main offenses provided for by the Code of Administrative Offenses of the Russian Federation, almost every region has its own laws establishing liability for other types of violations of public order:
- Article 3.4 of the Moscow Region Code of Administrative Offenses provides for a fine of up to 5,000 rubles for those citizens who do not comply with restrictions aimed at ensuring public order and morality.
- Article 2.4 of the Law of the Arkhangelsk Region “On Administrative Violations” provides for liability for violators of silence and public order at night - from 10 pm to 7 am on weekdays and from 10 pm to 10 am on weekends and holidays in apartment buildings, courtyards, etc. d. Those involved in scandals in the entrances of apartment buildings, as well as those who like to set off fireworks, firecrackers, etc. at the specified time (with the exception of New Year's Eve) they may be fined up to 2,500 rubles.
- in accordance with Article 49 of the Code of the Omsk Region on Administrative Offenses, officials can be fined 3,000 rubles for failure to comply with their duties to limit access to the premises of objects with large numbers of citizens (educational or sports institutions, cultural facilities, etc.), which resulted in a violation public order.
- on the basis of Art. 7.2 of the Law “On Administrative Offenses in the Orenburg Region” a citizen can be fined 3,000 rubles (for a repeated violation - 5,000 rubles) for performing natural necessities in a public place.
- Article 2.7 of the Law of the Republic of Karelia “On Administrative Offenses” provides for a fine of up to 2,500 rubles for violating public order when attending cultural, entertainment and other public events.
- Article 11.4 of the Law of the Ryazan Region “On Administrative Offences” provides for a fine of up to 2,000 rubles for street fortune-telling, pestering citizens and begging.
What is a violation?
Obscene language, fights, insults and other actions of this kind will be considered a violation of public order. The list can be continued for a very long time, since hooligan motives can be expressed in completely different actions.
In the absence of malicious intent, order can also be disrupted. But in this case, criminal liability is not applied, and most often the violator will only have a preventive conversation, and he will not even receive a fine for violating public order.
Breach of public order in criminal law
The Criminal Code of the Russian Federation provides for several crimes, where the object of the attack is public order. Of course, some crimes of this kind are similar to similar administrative offenses, but at the same time have an increased danger. As a result of public crimes, negative consequences always occur that are not covered by the provisions of the articles of the Code of Administrative Offenses.
Mass riots - Art. 212 of the Criminal Code of the Russian Federation
This crime, in which a group of people takes part (the combination of “mass” indicates this), is aimed at disrupting public order. Almost always, criminal actions affect the property rights of the population (windows are broken, buildings are destroyed, cars are set on fire), the right to life and health of people (harm is caused to people’s health as a result of pogroms), and the right to normal government (the demands of law enforcement agencies to maintain order are ignored).
The crime itself consists of organizing riots associated with violence, pogroms, the use of weapons and explosives, resisting authorities, as well as inducing, training and calling on citizens for the purpose of future participation in such riots.
A striking example of such an act is looting. The maximum penalty for a crime under Art. 212 of the Criminal Code of the Russian Federation, reaches 15 years in prison. If people died as a result of the riots, then additional qualifications are required under Art. 105 of the Criminal Code of the Russian Federation, which provides for liability for murder.
Repeated violation of the established procedure for holding a rally, demonstration, picket - Art. 212.1 of the Criminal Code of the Russian Federation
This crime appeared in the Criminal Code of the Russian Federation in 2014; before that, such a crime was absent in criminal law. The maximum penalty that can be imposed for such actions is imprisonment for a term of up to 5 years.
If a violation of the procedure for holding a rally is committed for the first time, the organizer bears administrative liability under Art. 20.2 of the Code of Administrative Offenses of the Russian Federation (most often for holding an unauthorized rally). If such a violation is repeated more than twice within 180 days , the violators will face criminal liability under Art. 212.1 of the Criminal Code of the Russian Federation.
It should be noted that criminal liability for repeated violations of the requirements of federal legislation on holding a rally, meeting, or demonstration can be brought against people as young as 16 years of age (if the person is a participant in such meetings). The organizer of a procession, demonstration, picketing can only be involved if he is 18 years old (the organizer of a rally or meeting is 16 years old).
Hooliganism - Art. 213 of the Criminal Code of the Russian Federation
This crime has common features with petty hooliganism, for which one is brought to administrative responsibility under Art. 20.1 Code of Administrative Offenses of the Russian Federation (see above). A distinctive feature of hooliganism as a crime under Article 213 of the Criminal Code of the Russian Federation is a gross violation of public order and actions expressing clear disrespect for society.
This means that the perpetrator of such an act deliberately opposes himself to the moral principles of the social environment, consciously violates the rules of behavior accepted in a normal society, and understands that by his behavior he is disturbing the peace of citizens, creating a danger of harm to their health or damage to property. Petty administrative hooliganism is many times less dangerous and does not have such negative consequences.
Demonstrating a disdainful attitude towards society, the perpetrator of hooliganism expresses himself with coarse obscene language, insults people, uses obscene gestures, cynical statements, etc. In this case, one of the following signs is required :
- with the use of weapons (a forensic examination is carried out to determine whether they are suitable) or objects used as weapons (for example, a knife, an ax, etc.). Within the meaning of criminal law, using weapons/objects means that a person is waving them around, trying to inflict or inflict bodily harm on someone, damaging property with these objects, etc.
- due to political, ideological or national hostility or against a particular social group. This criterion is rarely encountered in practice and means that a person grossly violates public order, expressing clear disrespect for society, but he does this for a reason (in this case it would be petty hooliganism), but out of hostility towards any nationality or race, considering themselves superior to people of other religions. For example, a criminal specifically looks for cars of people belonging to the same faith and sets fire to these cars.
- on public transport, including airplanes, railway trains, and sea vessels. This criterion was recently introduced into legislation - in 2021. Stories periodically appear in the media about rowdies on airplanes who disturb the peace of passengers. Because of such drunken hooligans, flights are often delayed or even forced to abort, making an emergency landing. Before the introduction of this rule, it turned out that such violators bear only administrative liability, since they do not use objects as weapons and do not act because of national views. Since 2021, statistics indicate a decrease in the number of air rows, because now those who commit such an offense will face criminal liability.
It is necessary to understand that hooliganism within the meaning of Art. 213 of the Criminal Code of the Russian Federation will not apply in cases where insults, damage to property, etc. take place as a consequence of long-term hostile relationships between specific people. For example, when neighbors have been swearing at each other for several years due to existing conflict relations, swinging some objects at each other, and damaging the adjacent fence in their summer cottages. In this case, such actions are illegal, but they are not regarded as hooliganism, since there is no intent to violate the rules of conduct in a public place. Neighbors want to annoy each other, not disturb the peace of an indefinite circle of people.
If bodily harm is caused as a result of hooliganism, then Article 213 of the Criminal Code of the Russian Federation does not cover such consequences: additional qualifications for causing harm to health are required.
Hooliganism in judicial practice can be completely different depending on the circumstances.
For example , throwing stones at the windows of cars, houses, etc. can be considered a classic option. One of the high-profile cases in 2021 was the verdict of the Moscow district court, by which a citizen was found guilty of committing hooliganism using objects as weapons in public transport: he threw a cardboard box with a protruding wire into the closing doors of a metro electric train, while defiantly began to press buttons on your mobile phone. People perceived what was happening as a threat to their lives, panic and stampede began. The hooligan was sentenced to imprisonment in a maximum security colony; the sentence was reviewed based on complaints from the convict in all subsequent instances and remained in force. The judges regarded his actions as aimed specifically at disturbing public order and did not take into account the convict’s arguments about the lack of intent to commit a crime.
The punishment provided for in Article 213 of the Criminal Code of the Russian Federation can be in the form of a fine of up to 500,000 rubles, compulsory labor for up to 480 hours, or correctional labor for up to 2 years. In addition, the perpetrator may be sentenced to imprisonment for up to 5 years. The possible punishment is increased to 7 years in prison if the crime is committed by a group of persons by prior conspiracy or is associated with resistance to law enforcement officials. If the perpetrator used explosives, the punishment can reach 8 years in prison. At the same time, for “qualified” hooliganism (that is, with additional signs - a group of people, using explosives) they can be prosecuted from the age of 14.
New in legislation
Starting in April 2021, Article No. 267.1 appeared in the Criminal Code, which tightens liability for hooliganism on transport. The article covers any hooligan intentions that may threaten the safety of the vehicle.
It is noteworthy that now the accused do not have to be inside the vehicle. The article applies to hooligans blinding pilots; hooks that interfere with the movement of commuter trains; citizens breaking windows on trains for hooligan reasons.
Those guilty of these offenses are punishable by a fine of up to 300,000 rubles and may go to prison for 2 years.
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Article 267.1 of the Criminal Code of the Russian Federation
